JOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No. 1466/2021 of Vizhinjam Police Station, Thiruvananthapuram District alleging commission of offence punishable under Sec. 498 A of the Indian Penal Code.

(2.) The allegation against the petitioner is that after the marriage of the petitioner with the de facto complainant on 15/1/1996, the petitioner used to harass the de facto complainant and his daughter born out of wedlock with the de facto complainant. It is alleged that on 30/5/2021, the petitioner attempted to hurt his minor daughter and when the de facto complainant attempted to prevent the same, the petitioner hit the de facto complainant with a chair and thereafter attempted to kill her by tightening a shawl around her neck.

(3.) Learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the allegations are false and baseless. It is submitted that there has been no harassment as alleged in the first information statement of the de facto complainant. It is submitted that after the marriage of the petitioner with the de facto complainant on 15/1/1996, no allegations have been raised for nearly 25 years. It is submitted that the petitioner has been in custody from 13/2/2022 and his continued detention is not necessary for the purposes of the investigation.